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Bipin Shantilal Panchal Vs State of Gujarat and Anr on 22 February, 2001

Posted on January 20, 2020 by ShadesOfKnife

In this landmark judgment, Supreme Court of India had formulated the following procedure while questions are put to witness during cross-examination. Also, per 138 Evidence Act, ‘Chief examination and cross-examination must relate to relevant facts, but cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.‘.

It has been held that, where admissibility of document is objected then the Court should tentatively mark the document as an exhibit and can determine the objections at the last stage in the final judgment. But, while holding so, the Apex Court carved an exception regarding admissibility of a document where objection is based on deficient stamp duty, then the Court has to decide the objection before proceeding further.
In this regard, reliance is placed upon the judgment of the Supreme Court reported in AIR 1966 SC 1631 for the proposition that no act of Court shall harm a litigant and it is the bounden duty of Court to see that if a person is harmed by a mistake of the Court, he should be restored to the position he would have occupied.

Bipin Shantilal Panchal Vs State of Gujarat and Anr on 22 February, 2001

Citations: [2001 ACR SC 1 8], [2001 SCC 3 1], [2001 SUPREME 2 65], [2001 CRILJ 1254], [2001 ALLMR CRI SC 452], [2001 UC 1 471], [2001 PLJR 2 132], [2001 GLH 2 545], [2001 SCR 2 29], [2001 CRLJ SC 1254], [2001 SCC CRI 417], [2001 RCR CRIMINAL 1 859], [2002 LW CRL 1 115], [2001 ELT SC 134 611], [2001 CGLJ 1 366], [2001 ECC 74 287], [2001 RLW SC 1 169], [2001 UJ SC 1 573], [2001 AIR SC 1158], [2001 JT 3 120], [2001 SCALE 2 167], [2001 AIR SC 841], [2001 CRIMES SC 1 288], [2001 GLR 3 168], [2001 OLR 1 428], [2001 ALD CRI 1 548]

Other Source links: https://indiankanoon.org/doc/372318/ or https://www.casemine.com/judgement/in/5609ad94e4b0149711411c07


AP High Court passed a judgment based on this case law here. Recent Bombay High Court judgment is here.

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Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

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Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Bipin Shantilal Panchal Vs State of Gujarat and Anr CrPC 309 - Power to Postpone or Adjourn Proceedings Evidence Act 138 - Cross-examination need not be confined to the facts to which the witness testified on his Examination-in-chief Evidence Act 138 - Order of Examinations Landmark Case Legal Procedure Explained - Interpretation of Statutes Objections During Witness Cross Examination Reportable Judgement or Order Sandeep Pamarati | Leave a comment

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